Posts by Ubuntu Resource Management

Section 60(2) of the Employment Equity Act 55, 1998 (“the EEA”) requires that if a sexual harassment incident is alleged at work, the employer must consult all relevant parties and must take the necessary steps to eliminate the alleged conduct. In Shoprite Checkers (Pty) Ltd v JL and others “JL Case”, the Labour Court provided practical insights…

It is trite that the principle that the costs follow the suit does not apply in labour litigation, save for exceptional circumstances. This was emphasised by the Constitutional Court (“CC”) in two recent decisions. In National Union of Mineworkers and others v Samancor Limited (Eastern Chrome Mines) and others, the CC held that it is…

While employers in South Africa are entitled to implement a mandatory vaccination policy for certain categories of employees, they will need to tread carefully when implementing these rules. This includes shouldering the responsibility of maintaining a safe and healthy working environment while still ensuring that they respect the rights of employees who raise concerns around being…

Employees have a duty to comply with the lawful and reasonable instructions of their employer.  But would the failure to comply with an instruction to testify in an arbitration before the Commission for Conciliation, Mediation and Arbitration (CCMA) amount to insubordination and warrant dismissal?  This is the question which the Labour Appeal Court (LAC) was…

Is a court or arbitrator entitled or obliged, in terms of section 193(2)(b) of the Labour Relations Act 66 of 1995, as amended (LRA), to consider whether a continued employment relationship would be intolerable when considering the remedy of reinstatement in respect of an unfair dismissal? This is the issue that the Constitutional Court (CC)…

Employers who wish to implement a mandatory vaccination policy must allow for employees to raise objections or apply for exemption from the policy on the basis of, amongst others, religious grounds. Religious beliefs and opinions are categorised as special personal information and the requirements in relation to the processing of this information must be adhered…

Employers who wish to implement a mandatory vaccination policy must permit employees to raise objections or apply for exemption from the policy on the basis of, amongst others, medical grounds. The road map below provides employers with some of the considerations to take into account when determining an exemption application based on medical grounds. As…

There is a common assumption among employees (and many employers) that restraint of trade covenants are invalid and unenforceable especially in light of the right for South Africa citizens to choose their trade, occupation, or profession freely as enshrined in the Constitution of the Republic of South Africa, 1996 (“the Constitution”). This assumption is incorrect…

Yes, but only if the manager can be regarded as a “senior managerial employee”, or if the manager earns over the relevant threshold determined by the Minister of Labour from time to time (currently R211 596 per annum, or R17 633 per month). This may, however, be superseded by a contract of employment that provides…